TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
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30. In 1985 a report on the Swedish legislation on the sale of beverages
was drawn up under terms of reference issued by the Government (SOU
1985:15). Its author proposed that decisions in this area by the County
Administrative Boards should be open to appeal to the Administrative
Courts of Appeal. He considered that it was not appropriate for the National
Board of Health and Welfare, which was vested with supervisory functions
under the 1977 Act, to fulfil an appellate role, such a task being more
suitably performed by the administrative courts. This proposal was
subsequently submitted for examination to the competent Ministry.
31.
On 21 April 1988 the Swedish Parliament adopted an Act
concerning appeals against administrative decisions. This Act came into
effect on 1 June 1988 and will remain in force until 1991. It entitles
individuals to have certain decisions of administrative authorities brought
before the Supreme Administrative Court in order to establish whether the
decisions were in accordance with the law.
32. Under Chapter 3, section 2, of the Tort Liability Act 1972, the State
is liable to pay compensation in the event of fault or negligence in the
exercise of authority (myndighetsutövning).
PROCEEDINGS BEFORE THE COMMISSION
33. In its application of 23 January 1984 to the Commission (no.
10873/84), TTA complained that the revocation of its licence to serve beer,
wine and alcoholic beverages in a restaurant it ran violated Article 1 of
Protocol No. 1 (P1-1). It further alleged that there had been a breach of
Article 6 para. 1 (art. 6-1) of the Convention since it could not have the
revocation of the licence reviewed by a court.
34. On 10 October 1985 the Commission declared the application
admissible.
In its report of 10 November 1987 (Article 31) (art. 31), the Commission
expressed the opinion:
(a) by ten votes to one, that there had been no violation of Article 1 of
Protocol No. 1 (P1-1);
(b) by nine votes to two, that there had been a violation of Article 6 para.
1 (art. 6-1) of the Convention.
The full text of the Commission’s opinion and of the dissenting opinion
contained in the report is reproduced as an annex to the present judgment.